South Eastern Sydney Local Health District v Clarke [2021] NSWSC 63

Supreme Court New South Wales

Medium Neutral Citation: South Eastern Sydney Local Health District v Clarke [2021] NSWSC 63 Hearing dates: 16 - 17 November 2020 Date of orders: 9 February 2021 Decision date: 09 February 2021 Jurisdiction: Common Law Before: Schmidt AJ Decision: Orders made under the Vexatious Proceedings Act 2008 (NSW) and Costs Orders made. See paragraphs [140] – [141]. Catchwords: CIVIL PROCEDURE — Parties — Vexatious litigants — whether litigant has frequently instituted and conducted vexatious proceedings in Australia — established – whether confined orders pressed should be made - evidence and litigant's conduct of the proceedings establishes that she will continue to pursue the beliefs which resulted in her pursuit of vexatious proceedings if orders sought not made – orders made. CIVIL PROCEDURE — Parties — Vexatious litigants — Stay of proceedings — orders required to shield litigants and to protect Courts — stay granted in respect of specified District Court proceedings. Legislation Cited: Administrative Decisions (Judicial Review) Act 1977 (Cth) Civil Procedure Act 2005 (NSW), ss 56, 57, 58 Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Defamation Act 2005 (NSW), s 27 Disability Discrimination Act 1992 (Cth) Government Sector Employment Act 2013 (NSW) Government Sector Employment Rules 2014 (NSW) Health Practitioner Regulation National Law 2009 (NSW), s 145B Industrial Relations Act 1996 (NSW), s 84 Legal Profession Act 2004 (NSW) Racial Discrimination Act 1975 (Cth) Solicitors Conduct Rules 2015 (NSW) State Records Act 1998 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 14.28 Vexatious Proceedings Act 2008 (NSW), ss 4, 5, 6, 8 Workplace Injury Management and Workers Compensation Act 1988 (NSW) Cases Cited: Clarke v Dale (District Court (NSW), 8 October 2020, unrep) Clarke v Dale and Herrick (District Court (NSW) 25 November 2019, unrep) Clarke (previously Naicker) v Herrick [2017] NSWDC 302 Clarke v Fenn [2018] NSWDC 336 Clarke v Fenn (No 2) [2018] NSWDC 417 Clarke v Herrick [2019] NSWDC 533 Clarke v Herrick [2020] NSWCA 71 Clarke v Herrick (District Court (NSW), 8 October 2020, unrep) Clarke v Nursing and Midwifery Council [2017] NSWCATOD 163 Clarke v Nursing and Midwifery Council New South Wales [2019] FCA 1782 Clarke v Nursing and Midwifery Council of New South Wales & Ors [2019] FCCA 2127 Clarke v Nursing and Midwifery Council of New South Wales & Ors (No.2) [2019] FCCA 3035 Clarke v Nursing and Midwifery Council of New South Wales & Ors (No.3) [2019] FCCA 3159 Clarke v Nursing and Midwifery Council of New South Wales & Ors (No.4) [2019] FCCA 3639 Clarke v Nursing and Midwifery Council of New South Wales [2018] NSWDC 337 Clarke v Nursing and Midwifery Council of New South Wales [2020] NSWCATOD 58 Clarke v Nursing and Midwifery Council of New South Wales (No. 2) [2019] NSWDC 531 Clarke v Nursing and Midwifery Council of New South Wales (No. 3) [2019] NSWDC 532 Clarke v Nursing and Midwifery Council of New South Wales (No. 4) [2019] NSWDC 659 Clarke v South East Sydney Local Health District [2018] NSWSC 66 Clarke v South East Sydney Local Health District (No 2) [2018] NSWSC 357 Clarke v South Eastern Sydney Local Health District [2017] NSWCATAD 81 Clarke v South Eastern Sydney Local Health District (No 3) [2019] NSWSC 1075 Clarke v South Eastern Sydney Local Health District [2020] NSWCA 8 Guss v Law Institute of Victoria Ltd [2006] VSCA 88 Jones v Cusack [1992] HCA 40; (1992) 109 ALR 313 Naicker v South Eastern Sydney Local Health District t/as Royal Hospital for Women [2016] FWC 5697 Sharmain Daisy Clarke v South East Sydney Health District (No. 2) [2018] NSWCA 226 Sharmain Naicker and NSW Health Service - Government of New South Wales for South Eastern Sydney Illawarra Area Health Service [2008] NSWIRComm 1104 South Eastern Sydney Local Health District v Clarke [2020] NSWSC 1155 Teoh v Hunters Hill Council (No 8) [2014] NSWCA 125 Viavattene v Attorney General (NSW) [2015] NSWCA 44 Category: Principal judgment Parties: South Eastern Sydney Local Health District (First Plaintiff) Nursing and Midwifery Council of New South Wales (Second Plaintiff) Sharmain Daisy Clarke (Defendant) Representation: Counsel: S. M. Kettle (First and Second Plaintiffs)